Editorial: Fireworks vendors score weird victory

Friday

The Texas Panhandle's state legislators will have much to ponder when they gather next January for the next session of the Texas Legislature.

Here's something for them to ponder: Repair the state statute that governs how counties can ban fireworks vendors from selling certain types of explosives in the middle of a drought.

Potter County commissioners were forced this week to lift a ban they had placed on the sale and use of certain types of fireworks. Why? Because, according to fireworks vendors who had filed a complaint, the county's drought conditions don't measure up to a precise index measurement that tells authorities when drought conditions can allow them to impose a ban.

The vendors are using the Keetch-Byram Drought Index. The threshold number for the index is 575. Any drought conditions that register that number or greater give county authorities the ability to impose bans on the sale and use of certain types of aerial fireworks. But this week, the drought index average for all of Potter County was "only" at 549.

The county - believe it or not - had to rescind the ban, under state law.

Be mindful, of course, that lifting the fireworks ban doesn't affect the county's ban on outdoor burning. Good thing, given the scorching temperatures and complete absence of rain the past few days.

"As we were talking to lawyers representing the vendors," First Assistant County Attorney Dave Kemp said, "it was 103 degrees."

"Clearly we have a problem with the statute and the Legislature needs to fix it," Kemp said.

Counties have zero discretion when dealing with this index, Kemp said. Their hands are tied by that benchmark number: 575. Anything below that strips the county of its ability to enforce the fireworks ban it in place.

Kemp predicted the index will get back above the 575 level - probably in no time. Do you think?

Pay attention, state Sen. Kel Seliger and state Rep. Four Price, both of whom represent Potter County. While we're at it, let's get state Rep. John Smithee involved, even though he represents neighboring Randall County.

The state needs to build in some additional discretion for counties to employ when they face the clear and present danger brought about by explosive drought conditions.

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